Three judge bench decline to bar DP Gachagua’s impeachment proceedings in Senate, to render remedy of legislative process

The three Judge bench of the High Court led by Justice Eric Ogola has this morning declined to grant conservatory orders to stop Deputy President Rigathi Gachagua’s impeachment proceedings by Senate.

Judges Erick Ogolla, Antony Mrima and Frida Mugambi said Gachagua would not suffer any prejudice if the Senate proceeded with the impeachment motion.

While declining to grant him the orders, the bench said that Gachagua’s case would not be lost as he could move to court to challenge the outcome.

In what would give the beleaguered DP a new lease of life, the bench has cited that if someone is sworn in before the case is concluded that would be unconstitutional.

The court has cited that it has established a prima facie case and that no prejudice will be suffered by the Gachagua if the order is not granted.

The judges observed that the petitioner should allow the legislative process to conclude and then it would deliver a remedy after the legislative process is over.

The petitioners had allayed fears that someone would be sworn in.

The ruling comes as DP Gachagua is set for a crucial battle in the Senate today and tomorrow facing 11 charges in an impeachment motion that could stretch over 10 hours.

The National Assembly will be represented by Kibwezi West MP Mwengi Eckomas Mutuse, who is the mover of the impeachment motion, Rarieda lawmaker Otiende Amollo, JLAC Chairperson George Murugara, Homa Bay Town legislator Peter Kaluma, as well as his Kanduyi counterpart John Makali.

From 10.30 to 11am, Clerk of the Senate Jeremiah Nyegenye will read the charges against the Deputy President and then put the question to him whether he is guilty or not. Thereafter, the two sides will each be given half an hour to make their opening statements.

After the opening statements then comes the marathon hearings starting with the National Assembly, who will have 3 hours to prosecute Gachagua, and two hours for the Deputy President to cross examine his accusers.

At 7.30pm, the Senate will adjourn awaiting tomorrow, the final day of hearing the impeachment motion.

In the National Assembly, 282 MPs voted in favour of Gachagua’s impeachment, 44 voted against while one abstained.